Ofcom Debate
Full Debate: Read Full DebateRebecca Paul
Main Page: Rebecca Paul (Conservative - Reigate)Department Debates - View all Rebecca Paul's debates with the Department for Digital, Culture, Media & Sport
(1 day, 15 hours ago)
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Rebecca Paul (Reigate) (Con)
It is always a pleasure to serve under your chairmanship, Sir Desmond. I congratulate the hon. Member for Mid Dorset and North Poole (Vikki Slade) on securing today’s debate. This is a really important topic, and it is clear how passionate she is about it. I really enjoyed her speech and I would love to see her on GB News, creating some of the balance that she was talking about. In fact, a number of Members here would contribute to that important balance, so I look forward to seeing them all on there at some point.
Before I get into some of the detail that has been raised today in compelling contributions, it is important to recognise Ofcom’s extraordinarily broad remit. From broadcasting and telecommunications to postal services and online safety, it regulates communication services that impact British consumers every day. Independent regulation in all those spheres is important. It is right that we should take this opportunity to consider whether Ofcom is delivering on its statutory duties and is well placed to take on the additional responsibilities allocated to it, particularly given how important they are. Across Ofcom’s considerable remit, we often hear the same concerns: the regulator is too slow to act, too reluctant to intervene and too often unable to secure meaningful improvements. We have heard that across the board today.
Broadcasting is the area of regulation that Ofcom is best known for. Ofcom’s broadcasting code requires that news be reported with due accuracy and presented with due impartiality, and significant mistakes should normally be acknowledged and corrected promptly. It also makes it clear that, save in exceptional circumstances, politicians must not act as newsreaders, interviewers or reporters in news programmes. Those are important safeguards. The public should be able to trust that the news on their screens is being reported accurately and without editorial bias.
That said, there is a really important nuance: “due impartiality” was never intended to mean the rigid allocation of equal airtime for every point of view. Ofcom’s rules recognise different programme formats and the importance of context. The exchange of different opinions and political views is both legitimate and healthy when done in line with the code. But rather unsurprisingly, Ofcom finds itself walking a fine line. The regulator must be robust when rules are broken, but without becoming so restrictive that broadcasters shy away from difficult subjects or controversial opinions, and those rules must always be applied consistently, regardless of a broadcaster’s political outlook. The perception that the rules are enforced inconsistently can be as damaging to public confidence as a lack of enforcement.
Ofcom says that it closed nearly 66,000 broadcasting complaints last year and found breaches in 14 cases, following 25 investigations. Those figures demonstrate activity, but tell us much less about whether the final decisions were fair or effective. Interestingly, I can find no record of Ofcom issuing fines where politicians have been involved in reading the news, despite the code’s clear position on that and some high-profile examples. I therefore ask the Minister, bearing in mind the regulator’s operational independence, whether the Government are satisfied with its regulatory performance in respect of broadcast. Are they satisfied that Ofcom, in performing its duties, strikes the right balance between impartiality, accuracy and freedom of expression?
I turn now to online safety. Ofcom’s responsibilities are growing rapidly, particularly when it comes to protecting children from online harms. That is an immensely important area. We will all be aware that Ofcom has reported under section 63 of the Online Safety Act 2023 that it found no statistically significant reduction in the proportion of children encountering harmful content during the first nine months after the new children’s safety duties took effect. This is an early measure, and we know that some platforms have introduced stronger age checks since; none the less, that initial report is disappointing and concerning. I hope the Minister will update us today on her view on the recommendations in the report and what further actions the Government are considering, if any.
Enforcement in the online sphere can be incredibly challenging. Giving evidence to the Digital, Culture, Media and Sport Committee earlier this month, Ofcom’s chief executive said that only two out of 11 online safety fines had been paid. In the case of 4chan, it was fined £520,000 in March for breaches, including failing to introduce effective age checks to stop children accessing pornography. Its US lawyer responded to demands for payment with an image of an AI-generated hamster. Unfortunately, that example shows how difficult it can be to enforce against overseas entities, putting Ofcom in an extremely difficult position. I would be grateful if the Minister gave her views on the type of enforcement action that should be taken in these difficult cases, such as last-resort business disruption powers, and whether she would like to see those powers used more.
Let me turn to social media restrictions for under-16s, an area where the Government have done the right thing, albeit belatedly and following huge pressure from the Opposition and the public. Ofcom is expected to oversee compliance here and has acknowledged the challenges posed by circumvention, including through VPNs, and told the Digital, Culture, Media and Sport Committee that it will need additional resources for the task. I hope the Minister can respond to that directly by outlining what assessment the Government have made of Ofcom’s staffing, technical expertise and current enforcement capacity. What lessons are being learned from Ofcom’s work on existing online safety duties, and what measurable outcomes will the House be able to refer to in 12 months from now to ultimately judge how effectively Ofcom has discharged this important new function?
I mentioned Ofcom’s extremely broad remit at the outset, and it would be entirely remiss of me, in my capacity as the Member for Reigate, not to acknowledge its responsibility as the regulator for postal deliveries. Royal Mail is ultimately responsible for running its network, but it is painfully clear to my constituents that repeated fines from Ofcom have done very little to secure the reliable service that we should all expect. I recall a Government Member decrying Ofcom as “utterly toothless” on postal services when we considered this issue earlier in the year. He is certainly not alone in taking that view, as we have heard many times over in Members’ contributions today. When the Minister speaks, I hope we will hear about how we can ensure that sanctions from Ofcom meaningfully translate into more letters arriving on time. Otherwise, really, what is the point?
Before I finish, I want to draw attention to the Public Accounts Committee report of 11 September, which identified the critical role that regulators such as Ofcom play in ensuring that vulnerable customers and those struggling financially are better supported. Its report specifically recommends that regulators need to do more to ensure take-up of discounted social tariffs and other support for consumers on lower incomes. Fewer than 9% of eligible broadband customers are on social tariffs and only a third of customers are aware that they even exist. More urgency from Ofcom could create scope for a more joined-up approach that would avoid customers in vulnerable circumstances having to repeat personal information to multiple service providers. I would be very interested to hear the Minister’s thoughts about the recommendations in that report.
That final point brings me back to the purpose of today’s debate. Whether it is ensuring impartial news, children’s safety online, reliable postal deliveries or affordable broadband, Ofcom’s effectiveness has real consequences for the people we represent. Its operational independence is important, but that independence must go hand in hand with accountability. As we continue to expand the regulator’s responsibilities, I hope that the Minister can explain how the Government can measure its success and what more can be done to ensure that Ofcom delivers the improvements that the public rightly expect.